1972, February, Pg. 1. Article I The Colorado Criminal Code.

• Author: by Carroll E. Multz

1 Colo.Law. 1

Colorado Lawyer

1972.

1972, February, Pg. 1.

Article I The Colorado Criminal Code

11972, February, Pg. 1Article I The Colorado Criminal Codeby Carroll E. MultzCarroll E. Multz, Colorado Springs, is Chief Trial Deputy for the Fourth Judicial District. He was one of the drafters of the new Colorado Criminal Code and is the author of numerous publications, including The Colorado Criminal Law Handbook, Criminal Law for Police, and Civil Law for Police. His article, the second in a series, examines Article I of the Code.Article I represents a codification of the basic principles of criminal law applicable to all offenses generally. Its sixty sections cover such areas of the law as jurisdiction, venue, deferred prosecutions, double jeopardy, affirmative defenses, appellate review of sentences, and post-conviction remedies.

Scope of Code

The new Colorado Criminal Code does not affect offenses committed prior to July 1, 1972. It specifically provides that all pending actions shall proceed to final disposition in the same manner as if the Code had not been enacted.

In addition, the Code does not affect crimes not currently included in Chapter 40, such as narcotics and dangerous drugs, liquor code, motor vehicle, health and safety, and civil rights violations.

Classification of Offenses

Three types of offenses are defined: felonies, misdemeanors and petty offenses. Each is classified according to the severity of the offense and the penalties that attach thereto. Felonies comprise five classes; misdemeanors, three; and, petty offenses, two.

FeloniesClass 1 felonies are punishable by either life imprisonment or death. They include: murder in the first degree; kidnapping (where victim is harmed); assault during escape by a class 1 felon; and treason.

Class 2 felonies are punishable by imprisonment in the state penitentiary from ten to fifty years. They include: murder in second degree; kidnapping (where the victim is unharmed); criminal abortion (where the woman dies); pretended criminal

1abortion (where the woman dies); aiding in the escape of a class 1 or 2 felon; assault during escape of felon other than class 1 or 2; and escape by a class 1 or 2 felon.

Class 3 felonies are punishable by imprisonment in the state penitentiary from five to forty years. They include: assault in the first degree; rape; deviate sexual intercouse by force; first degree arson; first degree burglary; second degree burglary (dwelling); aggravated robbery; aiding the escape of a felon other than a class 1 or 2; assault during escape of non-felon; holding hostages; escape by other than a class one or two felon; bribery; and endangering public transportation.

Class 4 felonies are punishable by imprisonment in the state penitentiary from one to ten years or a fine of $2000 to $30,000 or both. They include: manslaughter; vehicular homicide; assault in the second degree; second degree kidnapping; gross sexual imposition; deviate sexual intercourse by imposition; second degree arson ($100 or more); third degree arson; fourth degree arson; second degree burglary; robbery; theft ($100 or more); joyriding (two or more convictions within five years); joyriding (if the vehicle is used in another crime); criminal mischief (damage $100 or more); first and second degree forgery; fraudulent use of a credit device ($100 or more); issuing a bad check after two or more prior convictions; selling land twice; failure to pay over signed accounts ($100 or more); concealment or removal of secured property ($100 or more); failure to pay over proceeds ($100 or more); criminal abortion; aggravated incest; escape by charged but not yet convicted felon; attempt to influence a public servant; embezzlement of public property; perjury in the first degree; bribing a witness; witness receiving bribe; intimidating a witness; tampering with a witness; bribing a juror; juror receiving bribe; intimidating a juror; arming rioters; engaging in a riot (with a deadly weapon or destructive device); insurrection; sedition; membership in an anarchistic or seditious organization; and, dueling.

Class 5 felonies are punishable by imprisonment in the state penitentiary from one to five years or a fine of $1000 to $15,000 or both. They include: vehicular assault; violation of custody; sexual assault on a child; corruption of minors and seduction; third degree burglary; possession of burglary tools; theft from a person; theft of rental property ($100 or more); joyriding (where the vehicle is kept 72 hours or longer); first degree criminal trespass; criminal possession of first degree forged instrument; criminal possession of forgery devices; criminal inpersonation; offering a false instrument for recording; issuing a bad check ($50 or more); defrauding a secured creditor or debtor (collateral $100 or more); receiving deposits by failing financial institution; false representation of ownership; commercial bribery; bribery in sports; fraudulent receipt by warehouseman; duplicate receipt by warehouseman; pretended...